Order of the Court (Sixth Chamber) of 28 April 2025

1. Freedom of establishmentProcedures concerning restructuring, insolvency and discharge of debtAccess to discharge of debt –ExceptionsAccess to discharge of debtExclusion of specific classes of claimsNational law providing for a general exclusion for claims governed by public lawWhether permissibleConditionExclusion classified as duly justified in accordance with the detailed arrangements laid down in the national law

(European Parliament and Council Directive 2019/1023, Art. 23(4))

(see paragraph 32, operative part 1)

2. Freedom of establishmentProcedures concerning restructuring, insolvency and discharge of debtAccess to discharge of debtExceptionsExclusion of access to the right to discharge of debtExclusion not duly justified nor even justified by the national legislatureNot permissible

(European Parliament and Council Directive 2019/1023, Art. 23(4))

(see paragraphs 35, 36, operative part 2)

Operative part

1. Article 23(4) of Directive (EU) of the European Parliament and of the Council of 20 June 2019 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency),

   must be interpreted as meaning that

   • there must be an assessment, in accordance with the detailed arrangements laid down in the national law concerned, as to whether the exclusion of claims governed by public law from discharge of debt is ‘duly justified’;

   • it does not preclude a national law which provides for a general exclusion of claims governed by public law from the discharge of debt on the ground that the satisfaction of those claims has particular importance for a fair and inclusive society based on the rule of law, except in circumstances and limited amounts that are very restrictive, provided that that exclusion is ‘duly justified’ under national law.

2. Article 23(4) of Directive 2019/1023

   must be interpreted as precluding a national law which lays down a general exclusion of claims governed by public law from discharge of debts, except in circumstances and limited amounts that are very restrictive, without that exclusion being ‘duly justified’, nor even justified by the national legislature.